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Thread: Michael Bardo - Pennsylvania

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    Michael Bardo - Pennsylvania






    Summary of Offense:

    Michael Bardo was sentenced to die in 1993 for the sexual assault and strangulation of his three-year-old niece, Joelle Donovan, at her grandmother's home in Wilkes-Barre. He put her body in a plastic bag and hid it.

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    Bardo attorneys ask judge to dismiss death sentence

    Attorneys for convicted Luzerne County child killer Michael Bardo have asked a judge to strike down his death sentence and grant a new trial, saying the attorneys who represented him at trial failed to uncover or disclose critical information to jurors.

    Bardo's appellate counsel, from the Federal Community Defender Office in Philadelphia, outlined their case in an oral argument Wednesday before Senior Judge Patrick J. Toole Jr. at the Penn Place Building in Wilkes-Barre.

    The argument was the latest in a series of maneuvers by Bardo's appellate attorneys to secure him a new trial, or at the least, a new sentencing hearing, under the state post-conviction relief act.

    Bardo, who turned 42 on Monday, was convicted in 1993 of killing his 3-year-old niece, Joelle Donovan.

    Bardo choked Donovan to death in September 1992 when she cried after he attempted to molest her, prosecutors said. He later wrapped the girl in a garbage bag and threw her body into Solomon Creek in South Wilkes-Barre, prosecutors said.

    In a March court filing that led to Wednesday's argument, the appellate counsel argued the attorney who handled the sentencing phase of Bardo's trial had never handled a murder case before and was inadequately supervised by the lead attorney.

    The investigation into factors mitigating the death penalty was admittedly cursory, the appellate counsel argued. Records containing documentation substantiating Bardo's history of childhood abuse, sexual abuse, substance abuse and neglect were ignored.

    Had a complete mitigation case been presented, Bardo's appellate counsel argued, it would have tipped the balance and persuaded at least one juror to vote for life in prison.

    http://citizensvoice.com/news/bardo-...#ixzz1LTnLGcm1

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    Kid-killer Bardo: Death penalty 'inevitable'

    Michael Bardo wants to die.

    In a hand-written letter made public Wednesday, the child killer told a state prosecutor he would no longer fight his conviction and has resigned himself to a fate he avoided for 17 years: death by lethal injection.

    Bardo, the last person sentenced to death in Luzerne County, said he intended to withdraw a pending post-conviction relief petition and would waive his right to subsequent appeals that could keep him alive indefinitely.

    "I no longer wish to pursue with a situation that I believe is prolonging the inevitable," Bardo said in the June 27 letter to the state prosecutor, Deputy Attorney General Kelley L. Nelson.

    Nelson cited the letter Wednesday as she petitioned Senior Judge Patrick J. Toole Jr. to remove a stay of execution granted in January 2008, days after Gov. Ed Rendell signed Bardo's death warrant.

    A Luzerne County jury convicted Bardo in 1993 and sentenced him to death for killing his 3-year-old niece, Joelle Donovan.

    According to prosecutors, Bardo choked Donovan to death in September 1992 when she cried as he attempted to molest her. He later wrapped the girl's body in a garbage bag and threw her body into a South Wilkes-Barre creek, prosecutors said.

    Bardo's desire to abandon his post-conviction petition and his decision to inform Nelson directly appeared to uncloak a conflict between Bardo and his appellate attorneys, Nelson said in a court filing Wednesday.

    Bardo, 42, of Wilkes-Barre, indicated in the letter to Nelson that he explained his decision to his attorneys in writing, but the attorneys never informed Toole or the attorney general's office of Bardo's decision, according to Nelson.

    "The Commonwealth believes that opposing counsel may not be acting at the direction of Bardo and to the contrary are acting against Bardo's expressly stated position," Nelson said in the court filing.

    She asked Toole for an immediate hearing to determine: if a conflict exists between Bardo and his attorneys, whether appointing new counsel is appropriate and whether Bardo truly desires to withdraw his post-conviction petition and proceed with execution.

    Bardo's attorneys, from the Federal Community Defender Office in Philadelphia, did not return a telephone message Wednesday. Nelson could not be reached at a telephone extension listed for her in a state directory.

    District Attorney Jackie Musto Carroll, reached by telephone Wednesday, said she was unaware of Bardo's letter or Nelson's petition to remove his stay of execution.

    Bardo's appellate attorneys in May asked Toole to strike down his death sentence and grant a new trial, saying the attorneys who represented him at trial failed to uncover or disclose critical information to jurors.

    The argument was the latest in a series of maneuvers by Bardo's appellate attorneys to secure him a new trial, or at the least, a new sentencing hearing, under the state post-conviction relief act.

    In a March court filing, the appellate counsel argued the attorney who handled the sentencing phase of Bardo's trial had never handled a murder case before and was inadequately supervised by the lead attorney.

    The investigation into factors mitigating the death penalty was admittedly cursory, the appellate counsel argued. Records containing documentation substantiating Bardo's history of childhood abuse, sexual abuse, substance abuse and neglect were ignored.

    Had a complete case been made against the death penalty, Bardo's appellate counsel argued, it would have tipped the balance and persuaded at least one juror to vote for life in prison.

    http://citizensvoice.com/news/kid-ki...#ixzz1RQRDd100

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    A Luzerne County senior judge has scheduled a hearing next month for attorneys to discuss a convicted murderer’s request to go through with the death penalty to which he was sentenced.

    Senior Judge Patrick Toole scheduled a Sept. 19 hearing after Michael Bardo filed court papers on July 7, saying he wishes to stop any further appeals in his case and go forward with his sentence.

    Bardo, 42, was convicted in January 1993 of first-degree murder and two counts of indecent aggravated assault for molesting and killing his niece, Joelle Donovan. Police said Bardo stuffed the girl’s body in a garbage bag and threw it into Solomon Creek in South Wilkes-Barre. Bardo was sentenced to death, and a death warrant was signed by then-Gov. Ed Rendell in January 2006. Later that month, Senior Judge Patrick Toole issued a stay of execution, allowing Bardo’s attorneys time to review records and prepare an appeal.

    In court papers filed Friday, Deputy Attorney General Kelley Nelson said she would not be opposed to the hearing, based on the fact that it appears Bardo’s attorneys have not informed Toole or Nelson of Bardo’s desires.

    WILKES-BARRE – A Bear Creek Township man was sentenced Friday to 18 months probation in a case where police said he had inappropriate contact with a then-14-year-old girl.

    William Ignatius Holena, 74, of Thornhurst Road, was sentenced on two counts each of indecent assault and corruption of minors by Luzerne County Judge David Lupas.

    Holena pleaded guilty to the charges Friday. He was ordered to have no contact with the victim involved or any other minors.

    According to court papers, in May 2010, a 14-year-old girl told police Holena made her watch an inappropriate movie and then began to assault her.

    When asked by police about the assault, Holena said he did touch the girl, and hoped she wouldn’t say anything by offering her ice cream “to try to make things right.”

    http://www.timesleader.com/news/crim...8-19-2011.html

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    Convicted killer changes mind on death penalty

    Three months after telling a state prosecutor that he would give up his appeal and face execution, child killer Michael Bardo declared that he had changed his mind and no longer wanted to die.

    Bardo, 42, revealed his decision at a short hearing ordered in Luzerne County Court after a schism erupted in the summer between Bardo and his lawyers on the direction of his defense. Bardo, appearing via video from a state prison in Waynesburg, said he now would go forward with the appeal.

    Bardo's stance Monday appeared to contrast sharply with the apathetic posture he revealed in June in a hand-written letter to the state prosecutor handling his appeal. In the letter, Bardo said he intended to withdraw a pending post-conviction relief petition, waive his right to future appeals and resign himself to a fate he had avoided for 17 years: death by lethal injection.

    "I no longer wish to pursue with a situation that I believe is prolonging the inevitable," Bardo wrote in his June 27 letter to the state prosecutor, Deputy Attorney General Kelley L. Nelson.

    Nelson cited the letter as she petitioned Senior Judge Patrick J. Toole Jr. to remove the stay of execution that has kept Bardo alive since former Gov. Ed Rendell signed a death warrant in January 2008.

    http://standardspeaker.com/news/conv...#ixzz1YV3JdLOa

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    Judge overturns death sentence for child killer

    Child killer Michael Bardo, who last year said he wanted to abandon his appeals and be executed, will no longer face the death penalty, a judge ruled today.

    Luzerne County Senior Judge Patrick Toole struck down Bardo's death sentence and said he would hold a new hearing to determine his punishment for the 1992 killing of 3-year-old Joelle Donovan.

    Bardo, 42, had told prosecutors of his wish to die after a schism erupted in the summer between Bardo and his lawyers

    He reversed himself at a hearing in September, saying he wanted to fight the death penalty.

    Toole issued the ruling striking the death penalty late this morning.

    "It is under review," Nils Frederiksen, a spokesman for the state Attorney General's office, said.

    A Luzerne County jury convicted Bardo in 1993 and sentenced him to death for killing Donovan, his niece.

    According to prosecutors, Bardo choked Donovan to death in September 1992 when she cried as he attempted to molest her. He later wrapped the girl’s body in a garbage bag and threw her body into a South Wilkes-Barre creek, prosecutors said.

    Bardo’s attorneys in May asked Toole to strike down his death sentence and grant a new trial, saying the attorneys who represented him at trial failed to uncover or disclose critical information to jurors.

    http://citizensvoice.com/judge-overt...#ixzz1iQ4HTg00

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    Pennsylvania v. Bardo

    Opinion Date: December 16, 2014

    Court: Pennsylvania Supreme Court

    In September 1992, Michael Bardo was arrested for the death and indecent assault of his three-year-old niece. Finding unanimously that the aggravating factors outweighed the mitigating factors, the jury determined that Bardo should be sentenced to death. The trial court accordingly imposed the death sentence, and in 1998, the Pennsylvania Supreme Court affirmed the judgment of sentence on direct appeal. Bardo filed a timely PCRA petition. The Court was unanimous in affirming Docket No. 650 CAP, but was evenly divided on the appeal in Docket No. 651 CAP. Therefore, the grant of penalty phase relief was affirmed by operation of law. Part II of this opinion addressed Bardo's appeal of the PCRA court's order denying him guilt-phase relief (and several other penalty-phase claims). After careful review, the Court affirmed the denial of Bardo's guilt-phase claims for relief.
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    Child killer to receive new sentencing hearing

    By James Halpin
    The Citizens' Voice

    A convicted killer whose 22-year-old death sentence will receive new scrutiny has a new day in court.

    The Pennsylvania Supreme Court recently ruled that Michael Bardo, 45, is not entitled to a new trial, but a split decision meant he will receive a new sentencing hearing on a count of first-degree murder. Bardo was sentenced to die by lethal injection for molesting and strangling his 3-year-old niece, Joelle Donovan, in September 1992.

    In a recent order, Luzerne County Judge Joseph F. Sklarosky Jr. set a hearing for 10 a.m. March 19 to discuss the mechanics of a new sentencing hearing.

    The Supreme Court justices diverged on whether a lower court erred in granting Bardo a new hearing. Chief Justice Ronald D. Castille and justices J. Michael Eakin and Correale F. Stevens said it was “highly unlikely that any jury” would have found a mitigating factor based on expert testimony that Bardo had a personality disorder.

    But justices Max Baer, Debra McCloskey Todd and Thomas G. Saylor said they would have upheld the lower court’s order for a new trial. Todd wrote that the lower court found that the mitigating evidence “might well convince at least one juror to forbear from imposing the death penalty — as the (Post Conviction Relief Act) court’s determination in this regard is free of legal error and supported by the record.”

    Bardo was convicted of killing Joelle after coming home drunk and finding her asleep on a couch with his mother. Bardo ate some soup and bread, began molesting the sleeping child, and choked her to death when she began to whine, court documents said.

    He later wrapped the girl’s body in a garbage bag and threw her body into a South Wilkes-Barre creek.

    http://citizensvoice.com/news/child-...ring-1.1816262

  9. #9
    Administrator Helen's Avatar
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    I hate the PA supreme court, they are always re-sentencing these DR inmates. What other fitting punishment is there for a baby rapist-murderer, but death.
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Agree totally.. no amount of remorse no amount of "I found god" can forgive this crime...

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